Liquor Liability

When and why are bars held legally responsible for harm caused by
drink bar patrons?

Car wrecks caused by drunk drivers as well as assaults by intoxicated
persons are all too common when alcohol is drunk to excess. When
people are drinking at a bar it is almost a given that they will be
getting behind the wheel and driving home at the end for the night.
The liquor liability law in Minnesota, commonly called "dram shop
law", is aimed at protecting all of us using the highways by placing
a legal obligation on the establishments that sell alcohol for a
profit to police their patrons. The legislature understands that
when people drink they frequently reach a point where lose some of
the ability to quit drinking. So, the dram shop law requires
bartenders to step in and cut-off any patron who is showing any
signs of intoxication. It they don't and they continue to serve the
patron the bar can be held responsible for the harm caused - usually
a car wreck that seriously injures or takes the life of another
human being.

The legislature also recognizes that the intoxicated person's family
needs protection as well and thereby has included them in the class
of people who can recover for their own loss of support or death of
a loved on caused by the excessive serving of alcohol to the family
member. Contrary to popular belief, however, the intoxicated person
does not have a claim against the bar that over-served him.

Please request the free
Minnesota Liquor Liability Book, online or from our office in Bemidji, Minnesota, for an in-depth discussion of the law and the
rights of the injured. Hazelton Law Group, a northern Minnesota personal injury law firm "wrote the book" on liquor liability in Minnesota.

Why is it important to contact an attorney with expertise in liquor
liability cases immediately?

While it is true than in many instances you don't need to contact an
attorney immediately. In fact, there are some cases where you truly
probably don't even need an attorney. Such is not the case in the
dram shop area. Here is why:

Proving the patron was served while intoxicated almost always
requires finding others who were in the bar who witnessed the
person being served more alcohol while intoxicated. Identifying
these people is far more difficult the longer you wait. Also,
memories fade (and are often already impaired by alcohol) so
interviewing witnesses while their memory is fresh can be
critical.

Many bars have video surveillance systems. These are often to
prevent employee theft or the giving away of free drinks but
some dram shop insurance companies require them for liability
reasons. Immediately requesting that the bar secure the
recordings can prove tremendously helpful.

The bar patron also may well have been drinking at other
establishments that might be potentially liable as well. This
needs to be determined so the conduct of those establishments
can be investigated.